Why landlords should be planning ahead now
The private rented sector in England is undergoing the most significant legal reform in decades. With the Renters’ Rights Bill expected to be fully implemented during 2025–2026, many landlords are reviewing their position and considering whether to regain possession of their properties before the changes take effect.
While exact commencement dates will depend on secondary legislation and parliamentary timetables, current government guidance indicates that the abolition of Section 21 and the transition to a fully fault-based possession system will be completed during this period. For landlords, this makes advance planning essential.
This article explains why serving notice before 1 May 2026 may be a crucial strategic decision, what the current legal options are, and the risks of delaying action.
Why 1 May 2026 is a critical date for landlords
Under the proposed reforms:
- Section 21 “no-fault” evictions will be abolished
- All possession claims will need to rely on statutory grounds
- Landlords will face greater evidential and procedural requirements
- Possession claims are likely to take longer due to court backlogs
Although transitional arrangements are expected, once Section 21 is removed it will no longer be possible to serve a notice simply because a landlord wishes to sell, reoccupy, or exit the sector.
For landlords experiencing rent arrears, persistent breaches, or those planning to leave the market, the post-reform system will offer fewer options and significantly less certainty.
The current legal position in England
At present, landlords still have access to two possession routes.
Section 21 notices
Section 21 allows landlords to regain possession at the end of a fixed term or during a periodic tenancy without providing a reason, provided all legal requirements have been met. These include deposit protection, prescribed information, valid gas safety certificates, energy performance certificates, and correct “How to Rent” documentation.
When used correctly, Section 21 remains the most predictable and least contentious route to possession. Once abolished, this option will no longer exist.
Section 8 notices
Section 8 relies on specific statutory grounds such as rent arrears, anti-social behaviour, or breach of tenancy. Even where grounds are mandatory, tenants can and often do defend claims, leading to delays and uncertainty.
Following reform, Section 8 is expected to become the only route to possession. This will increase reliance on court interpretation, evidence, and hearing availability.
Why serving notice before May 2026 may protect landlords
Landlords who act before the reforms are fully implemented benefit from:
- Greater legal certainty
- Faster possession routes
- Reduced exposure to long-term arrears
- The ability to plan sales or reoccupation with confidence
Serving notice does not require landlords to immediately pursue eviction. It preserves their legal position while current legislation still applies.
Once the new system is in force, landlords will not be able to revert to the old rules.
The risks of waiting
Court delays are already a significant issue across England. Possession claims commonly take many months, even where tenants are in substantial arrears.
After reform, demand on the courts is expected to increase further as all claims move into a fault-based framework. This creates real risk for landlords who delay:
- Prolonged loss of rental income
- Difficulty recovering possession
- Increased legal costs
- Reduced control over property assets
Many landlords who intend to leave the sector may find themselves forced to do so later, but under far less favourable conditions.
What landlords should be doing now
Landlords should take proactive steps well in advance of 2026:
- Review tenancy agreements and compliance documents
- Identify high-risk or underperforming tenancies
- Seek specialist legal advice before serving notice
- Act early to avoid being caught by transitional cut-off points
Errors in notice service or compliance can invalidate claims and cause costly delays, particularly as courts scrutinise landlord actions more closely.
The upcoming reforms are intended to strengthen tenant security, but they also significantly restrict landlord flexibility. Protecting landlords’ ability to manage risk is essential to maintaining a functioning private rented sector.
For many landlords, serving notice before 1 May 2026 is not about acting unfairly, but about making informed decisions within the law while those options still exist.
Early advice and careful planning will be key to navigating the next phase of the rental market.
If you are a landlord considering giving notice of possession before May 2026, or are unsure how the abolition of Section 21 and the shift to a fully fault-based possession system may affect your position, it is crucial to seek legal advice early. The upcoming reforms under the Renters’ Rights Bill will significantly change how landlords regain possession and may increase delays and legal complexity.
At Solicitors4Landlords, we help landlords across England navigate Section 21 and Section 8 possession notices, rent arrears issues, and strategic exit planning before the law changes. Speak to our specialist landlord solicitors today to protect your position and avoid costly mistakes. Call us on 01455553945 or email info@solicitors4landlords.com.